SURESH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that the petitioners were called for interviews for the post of Male/Female Health Workers in the pay scale of Rs. 510-940/- (lateron revised to Rs. 1365-2410/-). However, while issuing the appointment letters, they were appointed as Male/Female Health Workers at various places in the pay scale of Rs. 950-1800/- (pre-revised pay scale of Rs. 400-600/-). Three batches were appointed prior to the petitioners in the years, 1983, 1985 and 1988. These batches were given appointments in the pay scale of Rs. 510-940/. (lateron revised to Rs. 1365-2410/- and revised to Rs. 4400-7000/- w.e.f. 1.1.1996). Petitioners are placed in the same cadre. The Himachal Pradesh Multi-purpose Health Workers Sangh has filed an Original Application No. 1567 of 199.3 before the learned Himachal Pradesh Administrative Tribunal. The same was directed to be treated as representation to the Secretary (Health) to the Government of Himachal Pradesh by the learned Tribunal on 01.09.1993. The same was rejected by the Commissioner-Cum-Secretary (Health) on 29.09.1995. Thereafter, a meeting was held between the Multi-purpose Health Workers Mahasangh and the respondent-State on 13.7.1999. The President of the Mahasangh in the meeting had stated that they had already made a commitment to forgo their arrears of pay in case the higher pay scale is released to the members of the Sangh.

(2.) Mr. P.P. Chauhan, learned Counsel for the petitioners has strenuously argued that the petitioners are in the same cadre. According to him, they could not be discriminated against for the release of higher pay scale of Rs. 1365-2410/- revised w.e.f. 01.01.1986 and scale of Rs. 4400-7000/- w.e.f. 1.1.1996 on the basis of cut off date, i.e., 23.7.1990. He further contended that his clients are entitled to get the higher pay scales from the due date and the decision taken in the meeting held on 13.7.1999 is not binding. He has also assailed the cut off date, i.e., 23.7.1990.

(3.) Mr. R.K. Sharma, learned Senior Additional Advocate General has vehemently argued that initially the State Government has deviated from the Punjab pattern, which led to payments of higher pay scale and the same was rectified, which led to reduction of pay scale. However, to remove the anomaly, the persons, who were already granted' higher pay scale of Rs. 1365-2410/-, were protected and the incumbents who were appointed after 23.7.1990, were granted the pay scale of Rs. 510-940/- with initial start of Rs. 1,000/-. He then argued that the agreement between the representatives of the petitioners' association and the State Government is binding on all the parties.